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Antiquities Sites in Master Plans for Area C in the West Bank

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Antiquities Sites in Master Plans for Area C in the West Bank Antiquities sites in Master Plans for Area C in the West Bank 2015 Antiquities sites in Master Plans for Area C in the West Bank 2015 May 2015 Written by: Gideon Sulymani Accompanying writing: Yonathan Mizrachi, Maayan Ben Hagai Edited by: Anat Levin Translation: Talya Ezrahi Graphic Design: Lior Cohen Photographs: Emek Shaveh, Guy Botavia Mapping: Anna Hayat Emek Shaveh (cc) | Email: [email protected] | website www.alt-arch.org Emek Shaveh is an organization of archaeologists and heritage professionals focusing on the role of tangible cultural heritage in Israeli society and in the Israeli-Palestinian conflict. We view archaeology as a resource for strengthening understanding between different peoples and cultures. This publication was produced by Emek Shaveh (A public benefit corporation) with the support of the HEKS foundation and Cordaid. Responsibility for the information contained in this report belongs exclusively to Emek Shaveh. This information does not represent the opinions of the abovementioned donors. Table of contents Introduction 4 At-Tuwani 7 Al-Fasayil 13 The village of Zif and Tel Zif 18 Conclusions and suggested work practices 22 Introduction Almost every Palestinian village or locality in the West Bank is situated on an antiquities site and is a continuation of a settlement that is hundreds, sometimes thousands, of years old. To enable development and construction in these localities it is necessary to take into account the need for documentation, and occasionally conduct excavation and conservation work at these sites. Decisions concerning archaeological ruins in a given locality are made within the framework of the master plan and are binding and legal. According to the Antiquities Law (1978) in Israel and the West Bank, when preparing a master plan for a locality or a neighborhood situated on top of archaeological remains, it is necessary to assess whether the site actually contains antiquities and if so to ascertain the nature of these remains. For this purpose, in the initial stage, an archaeological survey is carried out. The survey consists of documenting and researching archaeological remains that can be found on the surface level at the site without excavation. The survey could include documenting structures or facilities on the surface level using measurements and photography, as well as collecting earthenware and conducting an analysis based on particular periods and areas. The findings of the survey inform the conditions stipulated by the Israel Antiquities Authority (IAA). These conditions include oversight, salvage excavations, a designated area for conservation, and areas devoid of antiquities. Oversight means that construction work, particularly at the stage of digging the foundations, are overseen by an archaeologist in instances when it is believed that antiquities may be found at the site. The purpose of salvage excavations is to collect additional information and document archaeological remains at a site designated for construction within a master plan. Salvage excavations are conducted at sites for which there is an approved construction plan and these are funded by the entrepreneur or landowner. The obligation to conduct a salvage excavation is one of the preconditions for issuing construction permits, and these are only issued once the salvage excavation is completed. The decision whether or not to approve a construction plan is taken either by the IAA, if the site is inside Israel, or the by Staff Officer for Archaeology when the site is in the West Bank. The decision to approve or reject a plan is determined by the value and importance of the archaeological finds discovered. At times, when the archaeological find discovered during the salvage excavation is considered to be of particularly important value, construction is completely prohibited. An archaeological survey is conducted usually in areas known to contain antiquities and which have been declared as an antiquities site by the IAA and advertised officially as such by the State of Israel. In the West Bank, an antiquities site is declared and publicized in the framework of a military decree (for example Ein Kos). Once a given 4 site is declared an antiquities site, the Antiquities Law may be applied to that site. The declaration of an antiquities site includes setting clear geographical limits that define its boundaries. The demarcation of the site’s boundaries is organized according to plot and cluster numbers and includes a description of the antiquities. The first to declare antiquity sites in such a way were the British in 1944. In the same year, hundreds of sites were declared as antiquities sites in the West Bank. We have no knowledge whether or not any sites were declared as antiquities sites during Jordanian rule (1948-1967). Since 1967, the military administration in the West Bank has publicized only a handful of sites as declared antiquities sites. The results of the archaeological survey and the salvage excavation determine whether certain areas included in a master plan can be defined as unique areas designated for conservation. These areas are usually characterized by clusters of old archaeological structures or archaeological remains of unique value, which have been marked for conservation for future generations and which cannot be modified in any way. The Antiquities Law stipulates that conservation work must be undertaken by professionals and that the cost of the archaeological activities, by law, should be borne by the entrepreneur or the land owner. In areas slated for conservation, there may be limits set on construction: for example the height of the buildings, the depth of the foundations, requirement to incorporate ancient buildings within new constructions, and the use of particular kinds of building materials. The organizations responsible for safeguarding and implementing the Antiquities Law are the Israel Antiquities Authority within Israel (including East Jerusalem) and the Staff Officer for Archaeology (SOA) in Judea and Samaria, which is a division within the Civil Administration whose work parallels the IAA. Since the Oslo Accords, the SOA has been responsible for implementing the Antiquities Law in area C. In areas A and B, responsibility for the antiquities falls under the Palestinian Authority. Master plans1 are used to develop a locality in accordance with the needs of the residents, taking predicted growth and future needs of the residents into account. Such a plan is intended to integrate professional considerations of the planners with the needs and desires of the community. A master plan is a tool used by Israel’s main planning institutions also applied to Area C in the West Bank, which is controlled by 1) Master plans are used to develop a locality in accordance with the needs of the residents, taking predicted growth and future needs of the residents into account. Such a plan is intended to integrate professional considerations of the planners with the needs and desires of the community. There is a legal obligation to create an apparatus for including the residents in the master plan planning process. The master plan divides the locality into areas: residential, public buildings, industry, roads and more. 5 Israel. It is a means for implementing government policy and for setting priorities when distributing the most important and controversial resource in the region: land. Planning policy must take into account antiquities sites of various kinds: ancient tels, large ruins, fortresses, religious structures (synagogues, mosques, churches, sacred gravesites), agricultural facilities (wine presses, olive presses, granaries), water carrying facilities (wells, aqueducts, irrigation pools), ancient stone quarries, agricultural terraces, roads and many other types of remnants of human activity which first began in this area one million years ago. Over the years, the Civil Administration (CA) has made different claims to justify its refusal to draft master plans for Palestinian villages. Among other things, it has offered residents of villages that do not have a master plan to uproot themselves and settle on land belonging to neighboring Palestinian localities for which a master plan does exist. In other cases, the CA has defined villages that have been in existence for decades as “clusters of illegal buildings”, which do not justify recognition from a planning point of view. The presence of a village within the area of an archaeological site has also been used as an excuse for not drawing up a master plan for Palestinian villages. The few master plans that have been approved by the government were prepared by the Civil Administration and drawn up without involving the residents. Instead of forming a plan that would enable and encourage community development, the boundaries are determined based on aerial photographs and the contours of the built-up areas within the village. The total area of approved plans consists of only one-half of a percent of Area C. Without master plans, the Civil Administration refuses to issue permits for building houses, public buildings, agricultural facilities and infrastructure in the villages within this area. Given no choice, the residents are forced to build without permits and live under a constant threat that their homes will be demolished. The lack of an infrastructure is the reason why many of them are not connected to the water supply or the electricity grid.2 2) Btselem Report, Planning and Construction Policy for Palestinians in Area C, November 10, 2013, p. 9-17. See also Master Plan no. 1764/2. 6 At-Tuwani 1764 1764/5/98 At-Tuwani Archeological Area 0 55 110m Borders of Master Plan 7 Archaeological remains in At-Tuwani Location and characteristics The village At-Tuwani is located in the South Hebron hills, along the road leading to the village of Karmil in the west, and the road leading eastward towards the Judean Desert. The village structures are situated on the northern slope of a hill that is 800 meters high. Several settlements were built around the village since 1982: Carmel, Maon, Susiya, the Maon Farm outpost, and Mitzpeh Avigail.
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